SHRI. CHANDRA KANT SEN,SAGAR vs. ASST. COMMISSIONER OF INCOME TAX, KATNI

ITA 66/JAB/2025Status: DisposedITAT Jabalpur26 May 2026AY 2017-1810 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the amendment to Section 115BBE, which increased the tax rate, came into effect after the date of the survey. Therefore, the higher tax rate could not be applied retrospectively to the income surrendered before the amendment.

What were the facts?

An Income Tax survey was conducted on the assessee on September 22, 2016, during which the assessee surrendered Rs. 9,18,739. The Assessing Officer initially completed the assessment accepting the return and applied a tax rate of 30% on the surrendered amount. Subsequently, the AO passed a rectification order under Section 154, applying a higher tax rate of 77.25% as per Section 115BBE.

What were the issues?

Whether the enhanced tax rate under Section 115BBE, amended subsequently, can be applied retrospectively to income surrendered during a survey conducted before the amendment's effective date.

Which sections of the Income-tax Act were involved?

Section 115BBE,Section 154,Section 143(3),Section 133A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR

Before: SHRI KUL BHARAT

For Appellant: Shri Sanjay Seth, CA, Shri Sachin Bajpai, Advocate
For Respondent: Shri N. M. Prasad, Sr. DR-1

PER KUL BHARAT, VICE PRESIDENT.:

This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 20.01.2025 pertaining to the assessment year 2017-18. The assessee has raised the following grounds of appeal: -

“1. That on the facts and in the circumstances of case the tax demand made is patently wrong and unwarranted. That the Income Tax survey u/s 133A of the IT Act was conducted on 22.09.2016 and the assessee has surrendered Rs. 9,18,739/-. That the order u/s 143(3) sated was passed on 30.06.2019 by accepting the ROI of ssessee at Rs. 15,07,340/- and t

The order continues below.

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